This article is beneficial for understanding what to do after filing your trademark. In case you are looking to file a trademark, then this blog is for you. Read on to know more.
How can you safeguard your brand’s trademark? By the way, what is a trademark? In order to get the answers to such questions, one must ultimately delve into some intricacies! Anyone’s trademark is protected nationally by the Indian Trademark Act 1999. But many people are unaware that choosing, defending, and using a brand are all steps that come after registering a trademark. You should be aware of the information listed below.
As soon as you apply your firm name and logo for registration, they will be protected as joint law trademarks. This might be advantageous if someone expands your firm or utilises your trademarks online, but it might not be helpful if they only use them locally. To provide your trademarks with more comprehensive countrywide protection, register them with the USPTO – office of Trademarks and Patents (USPTO). Successful trademark registration entails a number of steps, including the preparation of a thorough application, follow-up, and regular inspection. The steps you must take to safeguard and maintain your brand are listed below. Basically, both your brand and trademarks need to be protected.
Prepare Your Assignment
How can you distinguish your trademark? It is preferable to pinpoint the distinctive selling points (USPs) of your specific trademark. There is frequently a “potential of misunderstanding” when two marks are similar and are used to related goods and services.
The USPTO won’t register your trademark if there is a “feeling of doubt” with another registered brand. You must conduct a thorough trademark search before applying for federal trademark protection to lessen the possibility that your application will be rejected for this reason.
Prepare A Trademark Application, Then Submit It
When developing a logo, trademark, or brand identity, you must be prepared to protect it. If your trademark search does not resolve any issues with any pending or registered trademarks, the next step is to submit a trademark application through the USPTO’s Trademark Electronic Application Service (TEAS).
It is vital to have both a “picture” of your mark as it currently stands alone and a “specimen,” such as a label or brochure, that shows how you use the effect in your business.The categories of goods and services for which your mark is used must also be specified. It is vital to note that you will only acquire trademark rights for the categories of goods or services you specify in your application.
Quickly React To Any Office Actions Or Opposition
Your trademark registration will be assigned to a USPTO examining attorney who will review it and provide you with a real document called an “Office activity” if there are any problems or concerns. It is essential to respond to Office activities promptly since, if you don’t, your application will be judged to be inactive.Anyone who objects to the trademark application may submit an objection after all issues have been resolved and notification of your trademark has been published in the Official Gazette. You must satisfy the USPTO examining attorney’s concerns in order to respond to an Office action.
Follow Up On Your Mark
Once your trademark registration is approved, you can begin using the registered trademark symbol. Your efforts to safeguard your trademarks shouldn’t stop here though. You are in charge of using trademarks even though the USPTO registers them.Two strategies to protect your brand are to keep an eye on USPTO filings and object to any applications to register trademarks that are almost identical to yours. One more is to use force if you find that another company is using a name or logo that is confusingly similar to your registered trademark. If a simple “cease” letter is not enough to stop an infringer, you have the legal right to suit in federal court because of your federal trademark registration.
Keep Up With Your Trademark
Between the fifth and sixth year following application, the ninth and tenth year following enrollment, and then every ten years after that, maintenance papers must be submitted. Registrations for trademarks are valid for ten years and can be renewed for additional ten-year periods. If you miss a deadline, your trademark registration will be cancelled.By completing an extensive study and putting together a strong application, you can obtain a registered trademark. Once your brand has been registered, monitor it and fill out maintenance paperwork to guarantee that your company’s hard-won trademark protection is upheld.
Be Wary Of Con Artists
There are many cybersquatters on guard, waiting to demand hefty sums of money from mark owners. Along with this digital irritation, the internet is overrun with con artists that send unsolicited emails to unrelated parties while posing as representatives of a trademark office where someone may have registered a trademark. However, con artists employ dubious communication strategies in an effort to elicit private information and trade secrets from the owner. Therefore, it’s critical to be on the lookout for such dishonest entries. Open advertisements are another common method used by trademark offices to promote their organisations to the public.
Conclusion
As a result, it may be concluded that registration implies a maintenance requirement as well as a set of rights. The true trademark lifetime doesn’t begin until after it has been registered since it demands ongoing oversight and strategic allocation of resources and attention to avoid giving third parties an unfair advantage. To maximise one’s mark, one should give the aforementioned considerations significant thought. If you decide that you need to seek professional assistance, we advise that you do so. If you need any help related to trademark registration in India, get in touch with the legal experts of Vakilsearch. Our team will make things easier for you.
